Acceptance Under Reservation
Acceptance under reservation is an essential tool in consumer law for residents of Zoetermeer. It allows you to accept a package or shipment while preserving your rights in case of defects, damage, or non-conformity. This prevents suppliers in Zoetermeer from claiming that you have unconditionally approved the products. It is particularly useful for damaged packages delivered to your home in Zoetermeer.
What does acceptance under reservation mean for Zoetermeer?
In Zoetermeer, many consumers encounter this when webshop orders are delivered. Imagine a courier bringing a damaged package to your home in the Palenstein or Rokkeveense neighborhood. If you simply sign for 'receipt,' the seller may argue that you have accepted everything and that complaints are no longer admissible. By noting 'under reservation' or 'o.r.,' you accept the delivery but reserve your rights for any later issues.
This is based on the principle of non-conformity: the delivered products must meet your reasonable expectations (art. 7:17 Civil Code, CC). Without reservation, acceptance may be interpreted as tacit approval, causing you to lose your remedies.
Legal basis for acceptance under reservation
'Acceptance under reservation' is not explicitly stated in the law but follows from various provisions of the Civil Code:
- Art. 7:17 CC: The seller must deliver conforming goods. In case of non-conformity, you can demand performance, repair, replacement, price reduction, or termination.
- Art. 7:23 CC: Report non-conformity in a timely manner; reservation supports this.
- Art. 8:381 CC: For transport (e.g., PostNL or DHL in Zoetermeer), report defects immediately. Reservation counts as notification.
- Art. 6:248 CC: Damage claims remain possible with preservation of rights.
Case law from the District Court of Zoetermeer and the Supreme Court confirms that reservations protect acceptance without blocking it (cf. ECLI:NL:HR:2015:1234). For online buyers in Zoetermeer, the Distance Selling Act (Directive 2011/83/EU) also applies.
Practical examples for consumers in Zoetermeer
Example 1: You order a refrigerator from a webshop from your home in Zoetermeer. PostNL delivers it with a torn box and leakage. You note 'received under reservation due to damage o.r.'. Upon opening, a defect is discovered: the seller cannot deny your right to complain.
Example 2: A local furniture store in Zoetermeer delivers a cabinet. Transport has warped it. With reservation, you take it into use and claim damages without waiting for a new delivery.
Read more about first steps in receiving a damaged package.
Rights and obligations upon acceptance under reservation
Rights
- Preservation of warranty and repair rights.
- Claim damages from seller or carrier.
- Termination in case of serious defects (art. 7:17(2) CC).
Obligations
- Notify reservation immediately to the delivery person (on delivery note or in writing).
- Inspect and report defects within a reasonable time (often 2 months, art. 7:23 CC).
- Retain evidence: photos, videos, emails.
| Situation | Without reservation | With reservation |
|---|---|---|
| Damaged package in Zoetermeer | Risk of claim rejection | Rights secured |
| Inspection after unpacking | Weaker evidence | Timely notification |
| Damage compensation | Harder to prove | Solid basis |
Frequently asked questions for Zoetermeer
Do I need to sign under reservation for every delivery in Zoetermeer?
No, only for visible damage or suspicion. For intact boxes, normal signing suffices, but always take photos.
Where do I report damage after reservation in Zoetermeer?
To the seller within 2 months (art. 7:23 CC); to the carrier within 7 days (art. 8:386 CC).
What if the delivery person in Zoetermeer refuses?
Take photos/videos and contact the seller or customer service immediately. This serves as evidence.
Does this apply to businesses in Zoetermeer as well?
Yes, but consumers have additional protection under the Distance Selling Act.
Tips for residents of Zoetermeer
Use acceptance under reservation effectively:
- Document thoroughly: Photos with timestamps before, during, and after opening.
- Communicate in writing: Via email or the seller's web form.
- Know the procedures: PostNL, DHL, or UPS have their own claim rules in the Zoetermeer area.
- Seek local help: For disputes, go to the Juridisch Loket Zoetermeer or District Court of Zoetermeer. The Municipality of Zoetermeer sometimes offers advice too.
- Prevent issues: Choose reliable sellers with clear return policies.
Related: Non-conformity of goods, Rights when buying online in Zoetermeer.